Being found guilty of driving while impaired due to alcohol or drugs can involve a range of consequences, such as steep fines and jail time.
In Wisconsin, impairment can be defined as having a prohibited blood alcohol concentration or any detectable amount of a restricted controlled substance in your system.
Learn more about what it means to be found guilty of driving under the influence in Wisconsin, and how the team at Mishlove and Stuckert can help those who face these charges...
“Andrew and his team are extremely professional and tenacious people who will fight for you when needed. I believe in their integrity and thank them for everything they have done for me.” - Jennifer Biewer
What Is Operating While Intoxicated (OWI)?
In Wisconsin, it is illegal for a driver to operate a motor vehicle while impaired by an intoxicant. However, the definition of impairment varies depending on the type of drug consumed by the driver. A driver is considered alcohol-impaired if their blood alcohol concentration (BAC) is 0.08 or greater. In addition, it is also illegal to drive with a prohibited alcohol concentration which is why many people get two separate drunk-driving charges. In Wisconsin, a prohibited alcohol concentration will usually be .08. For a 4th or subsequent offense, however, it will be .02.
If controlled substances such as prescription medications and over-the-counter drugs such as cough medicines impair your ability to operate your vehicle, you may face a charge of OWI or DUI / DWI. There is close to zero tolerance for certain controlled substances such as Delta-9 THC (the active ingredient in Marijuana) or cocaine; and a driver can be charged with “any detectable amount” of these substances in their system.
If controlled substances such as prescription medications and over-the-counter drugs such as cough medicines impair your ability to operate your vehicle, you may face a charge of OWI or DUI / DWI. There is close to zero tolerance for certain controlled substances such as Delta-9 THC (the active ingredient in Marijuana) or cocaine; and a driver can be charged with “any detectable amount” of these substances in their system.
Wisconsin law takes your BAC into consideration if you have been charged with operating a motor vehicle under the influence. For example, if you are convicted of driving with a BAC of 0.15% or higher as a first offense, the use of an Ignition Interlock Device (IID) becomes mandatory. Also, all Wisconsin counties are members of a judicial district that has OWI sentencing guidelines. The main factor in the OWI sentencing guidelines for any offense is the alcohol level.
The majority of people arrested for drunk driving in Wisconsin are facing their first offense. Many first-time offenders do not go on to receive more than one DUI charge, but those that do face stiff penalties including increased fines, license suspension, and the mandatory use of an ignition interlock device, among others. The blood alcohol content threshold is reduced to 0.02% for someone facing a fourth or subsequent OWI charge.
Wisconsin has a zero-tolerance stance against driving under the influence of restricted controlled substances, which includes all illicit drugs. While neighboring states such as Michigan and Illinois have decriminalized the recreational use of marijuana, “any detectable amount” of delta-9-THC in your system can result in a charge of DWI in Wisconsin. The phrase “any detectable amount” is now defined as 1 nanogram per milliliter of blood, which is no more than a trace amount. At Mishlove and Stuckert, we have had amazing success defending these types of “trace amount” accusations.
Chose a Law Firm That Cares
The Wisconsin DUI lawyers at Mishlove and Stuckert, Attorneys at Law know the impact that a drunk driving offense can have on your life. A serious driving offense can have serious consequences. It may compromise your ability to make a living for yourself and support your family. We understand the needs of our clients, and we do everything within our power to minimize the burden and stress that is so common during these trying times.
Listening is a skill that too few lawyers have mastered, and yet it is an absolutely essential skill for an expert lawyer. Listening to your concerns is just as important as talking to you about your problem. In fact, it is the only way to really understand your life, and the potential effect of your legal problem. When you choose our firm, we understand that you have a story to tell about your life, your career, your family, and about how you got into this mess.
We understand that we need to listen to you, and really hear you explain to us about why this may be unfair. You are not just another defendant. You deserve to be heard, and we start that process by listening to you. It is the foundation on which we build your defense. We treat our clients with respect, and we care about the outcome of your case. We will fight for you and do everything we can to put your mind at ease.
To schedule a free consultation and learn how we can help, contact us online, or give us a call at:
(414) 332-3499
A Number of Factors Can Impact Your Case
Are You Facing a Drunk Driving Charge?
According to the Wisconsin Department of Transportation, 93 percent of drivers who faced impaired driving charges in 2015 were found guilty. If you have been charged with impaired driving, hiring an attorney who understands the intricacies of our state's driving under the influence laws can save you from hefty fines, possible jail time, and the loss of your license.
Considering the way in which a conviction will affect your employment, your freedom, and your finances, you should absolutely consider hiring a qualified DUI attorney. Mishlove and Stuckert, Attorneys at Law are Wisconsin's only board-certified OWI defense specialists. They have helped clients keep their licenses and avoid convictions since 1981.
To find out more about how our DUI attorneys can help you, schedule a free consultation by contacting us online, or by calling us at:
(414) 332-3499
Kimberly Benjamin
Andrew Mishlove is one of the best DWI defense lawyers I’ve ever met. His knowledge of how to defend a client and win is beyond comparison. If you need a lawyer who knows how to really help you in a difficult time and you want the best chance of winning, you should call his law firm!
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Sandy Reitman
Mishlove & Stuckert are true experts in the field. They are committed to their clients beyond the courtroom, ensuring a smooth process during a difficult time for anyone involved in a case. The kinship between the lawyers is palpable, not to mention a warm and engaging staff. I highly recommend!
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At Mishlove & Stuckert, LLC, Andrew Mishlove and Lauren Stuckert are two of fewer than 70 attorneys in the nation who are board-certified DUI defense lawyers. Their extensive training can help you achieve the best outcome in your case. Trust your case to authorities in DUI and OWI law.
Meet Our Board-Certified OWI Defense Specialist Attorneys
For nearly 40 years, Andrew Mishlove has helped those in Wisconsin facing OWI charges. Respected by his peers in both Wisconsin and throughout the United States, Mr. Mishlove and his partner, Lauren Stuckert, are Wisconsin's only board-certified drunk driving defense specialists. Andrew Mishlove began his practice in 1981, and has since become one of the nation's preeminent experts in the field of DUI defense.
Mr. Mishlove has trained in the science of blood, breath, and urine testing evidence at the National College for DUI Defense. Since then, DUI attorney Andrew Mishlove has taught other lawyers across the nation in this intricately detailed and highly specialized field of law. In 2014, Mr. Mishlove and James Nesci published the Wisconsin attorney's manual for OWI defense, Wisconsin OWI Defense: The Law & Practice. In May, 2020, Mr. Mishlove and James Nesci published the second-edition of this must-have textbook for Wisconsin lawyers on how to defend an OWI case.
Mr. Mishlove is the creator and course director for the Serious Science Blood Analysis courses taught at the Shimadzu Laboratory at the University of Texas-Arlington. This is America’s leading series of course for lawyers on blood analysis and trial advocacy. Lawyers come from all over the world to attend this course and study with Mr. Mishlove and the expert faculty of the Serious Science courses. DUI attorney Andrew Mishlove can put his extensive knowledge in the field of Wisconsin OWI to work for you in order to create a successful defense if you have been accused of operating a motor vehicle while intoxicated.
For those in Wisconsin who face charges of driving under the influence of drugs or alcohol-impaired driving, Mrs. Stuckert concentrates her practice on complex drug and alcohol OWI litigation. Mrs. Stuckert's approach to defending those accused of OWI, DUI, and DWI offenses is based on the science of blood and breath test results. She continues to receive specialized scientific training in order to provide her clients with the apt representation they need.
Lauren Stuckert became the first attorney in Wisconsin to receive a certificate in Forensic Chromatography Blood Alcohol Analysis from the American Chemical Society at Axion Laboratories in Chicago. Mrs. Stuckert has also completed the Forensic Solid Drug Analysis course through the ACS. Her expertise in lab test results is second to none. She has the strongest track record in the state of Wisconsin when it comes to challenging BAC and drug lab test results in OWI cases.
Like her law firm partner, Lauren Stuckert is a board-certified DUI Specialist. This distinction is the highest credential a DUI-OWI lawyer can attain. With the ever-increasing technical nature of drunk driving and driving while intoxicated cases, an attorney with the proper technical training and expertise is necessary in order to provide a strong defense for clients. DUI attorney Lauren Stuckert has a record of success that demonstrates her dedication to her clients.
“I had the privilege of working with andrew mishlove and his group. I could not be happier with the results and the amount of extra work they did to make sure I understood everything that was happening during the process. I would recommend them to anyone who has made a mistake that results in needing legal representation.” Dylan Radder
Changes in WI Law
In Wisconsin a fourth offense DUI OWI charge is now a felony. In addition to a potential prison sentence, a fourth offense charge now carries a mandatory lifetime driver’s license revocation, with no occupational permit for at least ten years.
Nationally Renowned DUI Experts
The team of Andrew Mishlove and Lauren Stuckert are the Badger State's only board-certified DUI Law Specialists. We literally wrote the book on OWI defense in the state and have successfully defended against drunk driving offenses for nearly 40 years. If you have been arrested and are worried about an OWI conviction, we can review your case and advise you on how to proceed during a free consultation at one of our four offices. Our understanding of not only the law, but also the science behind the tests used by the prosecution, can make all the difference in your case. If you are facing hefty fines, losing your license, or possible jail time, you owe it to yourself to schedule a consultation to learn more about how we may be of assistance.
To schedule a free consultation today, contact us online, or call us:
(414) 332-3499
Field Sobriety Tests
While police officers are trained in the execution of field sobriety tests (FSTs), there are many factors that can lead to mistakes. First and foremost, it is very common for police officers to administer these exercises incorrectly. They often score give mistaken instructions, mistaken demonstrations, and score clues improperly. While it is important for public safety to establish tests to determine if someone is too inebriated to drive, in practice FSTs are often inaccurate. A police officer is using their training for these tests to establish probable cause, but just because someone fails a sobriety test does not necessarily mean that they are under the influence of an intoxicant or too impaired to operate a motor vehicle.
A person with poor balance or any number of legitimate medical issues may not pass an FST, and can end up facing serious charges that can have a significant impact on their quality of life. Meanwhile, a person with a high tolerance for alcohol may pass an FST even if legally above the limit. These are just two examples of the flaws inherent in field sobriety tests. Andrew Mishlove and Lauren Stuckert are both taken the same FST training as the police, and are certified in FST administration. They are experts in the protocol surrounding these tests, and have successfully demonstrated the shortcomings of in courts throughout Wisconsin.
“Lauren Stuckert changed my life. She turned around what would have been the most difficult situation I would have to endure. I wish I could put into words the feeling of gratitude I feel that she became an advocate for those unfairly charged. She demonstrates strength and intelligence with grace and flair in the courtroom. Juries truly listen to her. She knows exactly what she is doing and I highly recommend her! She knows the law. Have faith, there is help, please reach out to Lauren at Mishlove & Stuckert.” - Annette Norstom
Commercial Driver OWI
Commercial drivers have a great deal on the line when it comes to a charge of DUI. A commercial driver's ability to provide for themselves and their families is directly tied to their ability to drive. As professional drivers, the penalties related to a commercial driver's license and driving under the influence can have a devastating effect, possibly leading to the end of a career.
On the lowest end of the scale, a commercial driver found with any measurable alcohol concentration while driving, possession of alcohol in their vehicle, or found driving within four hours of consuming alcohol is put out of service for 24 hours and will incur three demerit points on their driving record.
The threshold for a citation is greatly reduced for commercial drivers as well. A BAC between 0.04% and 0.08% is viewed as a first offense and could mean a suspension of up to three years of their commercial driver license (CDL). A second offense can lead to up to six months in jail and a lifetime disqualification of their CDL.
If you are a commercial driver who is facing a CDL revocation, the OWI specialists at Mishlove and Stuckert, Attorneys at Law may be able to save your license and your career.
Will I Go to Jail Because of a DUI/OWI Charge?
If you are convicted of a first-time DUI/OWI offense, the answer is generally no. Wisconsin is the only state in which first-offense drunk driving charges are not considered criminal. However, factors like whether or not a minor was in the vehicle or someone was hurt can result in elevation to a criminal charge. Regardless of the nature of your charges, you should contact an attorney to help you build a solid defense.
